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Transfer of functions of a health board.
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12.—(1) Where the Minister is satisfied, after considering a report prepared under subsection (5), that a health board is not performing any one or more of its functions in an effective manner or has failed to comply with any direction given by the Minister, the Minister may by order transfer such reserved functions of the board as the Minister may specify to—
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(a) the chief executive officer, or
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(b) such other person as the Minister may specify in the order,
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for such period, not exceeding two years, as may be specified in the order.
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(2) Where the Minister proposes to make an order under subsection (1), he or she shall give notice in writing of that proposal to the health board concerned and such notice shall indicate the terms of the order proposed to be made.
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(3) A health board to which notice has been given under subsection (2) may, within a period of 14 days beginning on the date on which the notice is given to it, make representations in writing to the Minister as to why, in its opinion, the order should not be made and the Minister shall have regard to any such representations.
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(4) (a) The Minister may by order amend or revoke an order made under subsection (1).
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(b) An order made under this subsection shall not so amend an order under subsection (1) that the period for which a function stands transferred under that order exceeds two years.
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(5) Before deciding whether or not to make an order under subsection (1), the Minister shall appoint a person to investigate the performance by the health board of its functions generally or of any specified function of the board during such period as the Minister may specify, and a person so appointed shall prepare and furnish to the Minister a report of the results and findings of the investigation.
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(6) Where a function of a health board stands transferred under this section, the board shall not perform that function and the performance of that function shall not be subject to its direction, control or supervision.
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(7) The chief executive officer or other person to whom a function stands transferred under subsection (1) shall keep the relevant health board informed in relation to the performance of that function.
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(8) Notwithstanding section 16 (1) of the Principal Act, a chief executive officer shall not delegate a function standing transferred for the time being under this section save with the prior consent of the Minister.
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